Veena Devi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.74666 of 2022 Arising Out of PS. Case No.-144 Year-2022 Thana- BAKHARI District- Begusarai ====================================================== VEENA DEVI W/o Late Indresh Singh R/o Village- Chakki Nishahara, P.S.- Bakhari, Distt- Begusarai.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Randhir Kumar No.1, Advocate For the Opposite Party/s :
Mrs.Meena Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 17-04-2023 Heard learned counsel for the petitioner and learned counsel for the State.
The petitioner is an accused in connection with S.Tr. No. 825 of 2022 arising out of Bakhri P.S. Case No. 144 of 2022 registered for the offences under sections 363, 366(A) and 34 of the Indian Penal Code lodged on 07.05.2022 by the informant, Lalita Devi.
As per the FIR, it is alleged that the victim girl is missing from her house. During search, it was found that the accused kidnapped the minor girl for the purpose of marriage. Accordingly, the FIR.
Learned counsel for the petitioner submits that a bare perusal of the FIR would show that the informant has made her own mother, Chandrakala Devi an accused alongwith the
Patna High Court CR. MISC. No.74666 of 2022(2) dt.17-04-2023 2/3 present petitioner, Veena Devi of abducting the victim girl, the informant being her 'mousi' as also accused Chandrakala Devi her 'nani'. The further submission is that from the FIR, it seems that in good faith as also the fact that the mother of the victim is no more, the 'nani' tried to get the marriage of the girl solemnized but has been implicated.
Learned APP for the State opposes the prayer but concedes that in the aforesaid facts and circumstances, the lady has already suffered by being in custody since 08.05.2022 (as stated in paragraph-11 of the petition).
Considering the fact that the petitioner is a lady, she already suffered by being in jail for almost one year, she do not have criminal antecedent and will be ultimately facing the trial, this Court is inclined to grant her privilege of bail. Let the petitioner be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of like amount each to the satisfaction of the learned Additional District & Sessions Judge-IX, Begusarai in connection with S.Tr. No. 825 of 2022 arising out of Bakhri P.S. Case No. 144 of 2022, subject to the following conditions-:
(i) one of the bailor should be the family member of the petitioner who shall provide official document to show her
Patna High Court CR. MISC. No.74666 of 2022(2) dt.17-04-2023 3/3 bona fide;
(ii) the petitioner shall appear on each and every date before the Trial court and failure to do so for two consecutive dates without plausible reason will entail cancellation of her bail bond by the Trial court itself;
(iii) the petitioner shall in no way try to induce or promise or threat the witnesses or tamper with the evidences, failing which the State shall be at liberty to take steps for cancellation of her bail bonds;
(iv) the petitioner shall desist from committing any criminal offence again failing which the State shall be at liberty to take steps for cancellation of the bail bonds. With the aforesaid observations, the bail application is allowed.
(Rajiv Roy, J) Jagdish/Neha/- U T